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(영문) 창원지방법원 진주지원 2018.02.23 2017고단1130
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 17, 201, the Defendant was issued a summary order of a fine of two million won for a crime of violating road traffic law in the Changwon District Court's Jinju branch on August 17, 201, and on October 15, 2013, in the same court on October 15, 201, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for a total of three times for a violation of road traffic law.

The Defendant driven a motor vehicle under the influence of alcohol not less than twice as above without obtaining a driver’s license. On November 11, 2017, 2017, the Defendant driven a B-type truck under the influence of alcohol with approximately 0.142% alcohol concentration at the distance of about 200 meters from the front of the Jindo comprehensive Stopi Stopi Stopi Stopi Stopi, Jini-si, Jini-si, Jini-si, Jini-si, Jini-si, to the intersection of the entrance of the Geumsan Tri-dong located at the beginning of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no previous conviction in the last three years);

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;

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